[Congressional Record Volume 170, Number 81 (Thursday, May 9, 2024)]
[Senate]
[Page S3662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2061. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 502 and insert the following:

     SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT 
                   EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL 
                   AIRPORT.

       (a) Increase in Number of Slot Exemptions.--Section 41718 
     of title 49, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(i) Additional Slot Exemptions.--
       ``(1) Increase in slot exemptions.--Not later than 65 days 
     after the date of enactment of the FAA Reauthorization Act of 
     2024, the Secretary shall grant, by order, 10 exemptions 
     from--
       ``(A) the application of sections 49104(a)(5), 49109, and 
     41714 to air carriers to operate limited frequencies and 
     aircraft on routes between Ronald Reagan Washington National 
     Airport and domestic airports located within or beyond the 
     perimeter described in section 49109; and
       ``(B) the requirements of subparts K, S, and T of part 93 
     of title 14, Code of Federal Regulations.
       ``(2) Non-limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 8 
     available to incumbent air carriers qualifying for status as 
     a non-limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(3) Limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 2 
     available to incumbent air carriers qualifying for status as 
     a limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(4) Allocation procedures.--The Secretary shall allocate 
     the 10 slot exemptions provided under paragraph (1) pursuant 
     to the application process established by the Secretary under 
     subsection (d), subject to the following:
       ``(A) Limitations.--Each air carrier that is eligible under 
     paragraph (2) and paragraph (3) shall be eligible to operate 
     no more and no less than 2 of the newly authorized slot 
     exemptions.
       ``(B) Criteria.--The Secretary shall consider the extent to 
     which the exemptions will--
       ``(i) enhance options for nonstop travel to beyond-
     perimeter airports that do not have nonstop service from 
     Ronald Reagan Washington National Airport as of the date of 
     enactment of the FAA Reauthorization Act of 2024; or
       ``(ii) have a positive impact on the overall level of 
     competition in the markets that will be served as a result of 
     those exemptions.
       ``(5) Prohibition.--
       ``(A) In general.--The Metropolitan Washington Airports 
     Authority may not assess any penalty or similar levy against 
     an individual air carrier solely for obtaining and operating 
     a slot exemption authorized under this subsection.
       ``(B) Rule of construction.--Subparagraph (A) shall not be 
     construed as prohibiting the Metropolitan Washington Airports 
     Authority from assessing and collecting any penalty, fine, or 
     other levy, such as a handling fee or landing fee, that is--
       ``(i) authorized by the Metropolitan Washington Airports 
     Regulations;
       ``(ii) agreed to in writing by the air carrier; or
       ``(iii) charged in the ordinary course of business to an 
     air carrier operating at Ronald Reagan Washington National 
     Airport regardless of whether or not the air carrier obtained 
     a slot exemption authorized under this subsection.''.
       (b) Conforming Amendments.--Section 41718(c)(2)(A) of title 
     49, United States Code, is amended--
       (1) in clause (i) by striking ``and (b)'' and inserting ``, 
     (b), and (i)''; and
       (2) in clause (ii) by striking ``and (g)'' and inserting 
     ``(g), and (i)''.
       (c) Preservation of Existing Within Perimeter Service.--
     Nothing in this section, or the amendments made by this 
     section, shall be construed as authorizing the conversion of 
     a within-perimeter exemption or slot at Ronald Reagan 
     Washington National Airport that is in effect on the date of 
     enactment of this Act to serve an airport located beyond the 
     perimeter described in section 49109 of title 49, United 
     States Code.
       (d) Freeze in the Number of Operations at Airports When 
     Near Misses Occur.--
       (1) In general.--Beginning on the date of enactment of this 
     subsection, if a near-miss occurs on a surface of a part 139 
     airport, such airport shall freeze the number of operations 
     at the airport on a per-hour basis indefinitely until the 
     Administrator can certify that--
       (A) there is adequate air traffic controller staffing at 
     the airport;
       (B) proper surface surveillance technology is installed and 
     operational at the airport; and
       (C) the schedule of operations at the airport will not lead 
     to runway congestion.
       (2) Definitions.--In this subsection:
       (A) Near miss.--The term ``near miss'' means an incident in 
     aviation where 2 or more aircraft come close to colliding but 
     do not make contact.
       (B) Part 139 airport defined.--The term ``part 139 
     airport'' means an airport certified under part 139 of title 
     14, Code of Federal Regulations.
                                 ______